HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25056 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Harsh Narayan Singh, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Chandan, seeking enlargement on bail during trial in connection with Case Crime No. 111 of 2024, under Sections 147/34, 504, 304 I.P.C., registered at Police Station Atarra, District Banda. 4. The FIR of the matter was lodged on 21.05.2024 by Ramesh Chandra against the applicant and four other persons alleging therein that he and his brother used to do work of building whitewashing. On 09.05.2024 as they could not get work and had not gone anywhere. At about 09:30 am his brother Arvind said to him that he is going to his sasural. At about 06:00 pm he came to know that his brother in an injured condition is in District Hospital, Banda. On information he reached there and found his brother and when he is regained consciousness on 10.05.2024 on which he stated that his mother-in-law called him and when he went there the accused persons assaulted with kicks, fists and with cricket bat due to which he received injury and became unconscious. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that Pankaj Raikwar has been interrogated who is an alleged eye witness of the incident states of the deceased being assaulted by some persons but does not identify the accused persons. He states that later on he came to know that the accused persons named in the FIR assaulted the deceased. It is submitted that there is no eye witness of the incident and there is no credible evidence against the applicant. It is submitted that the implication of the applicant of the Versus Counsel for Applicant(s) : Harsh Narayan Singh Counsel for Opposite Party(s) : G.A. Chandan .....Applicant(s) State of U.P. .....Opposite Party(s) present matter is on the basis of suspicion only. It is submitted while placing para 26 of the affidavit that nothing has been recovered from the possession of the applicant or his pointing out. It is submitted that the applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 09.09.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the first informant is not an eye witness of the incident. The alleged eye witness Pankaj Raikwar did not identify the accused persons at the time of the alleged assault. Later on he came to know that the applicant and the other accused persons had assaulted the deceased. There is no recovery from applicant or his pointing out. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant Chandan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C. may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient BAIL No. 25056 of 2025 2 cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. September 24, 2025 M. ARIF BAIL No. 25056 of 2025 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad